Although not meant to be all-inclusive, this can give you an introduction to some of the details you need to be aware of for specific markets.

More country-specific information is available from the Trade Information Center's Regional Databases here!

Documentation

MDIC (SECEX) issued Portaria SECEX # 17 on December 1, 2003 which was altered by Portaria SECEX # 9 on July 27, 2004 that consolidates the SECEX regulations covering imports. These Portarias lay out the documentation and other requirements for imports. Brazilian brokers are fully familiar with these Portarias and should advise US exporters what are documentation requirements for their particular export.

As of January 1, 2004, the GOB required importers to provide a packing list with every shipment as well as include the HS Number on the bill of lading for each shipment. The failure to provide this list will cause a penalty to be administered.

GOB regulations require all exporters to place the company or individual importers identity number on all relevant documents (including bills of lading, etc.). The Brazilian Identity Number (CNPJ - corporations, and CNP - individuals) is placed on the pro forma, commercial invoice, as well as all other relevant documents. Shipments of documents that are handled as freight/cargo (rather than "courier") are usually assessed a minimum charge of about 51 reales by customs authorities.

Bill of Lading: Attached to each copy of the commercial invoice is a non-negotiable copy of a numbered and dated bill of lading. This may be an ocean bill of lading or air waybill, depending on the mode of transportation and/or terms of sale. There are two types of bills of lading: non-negotiable and negotiable. A "shipper's order" bill of lading is used for sight draft or letter of credit shipments.  According to International Chamber of Commerce rules, the only bill of lading that is acceptable on draft or letter of credit shipments is one marked "Clean on Board". This means that the carrier has not taken any exception to the condition of the cargo or packing and that the merchandise has actually been loaded aboard the carrying vessel.  When shipments originate abroad and are cleared through U.S. in transit to Brazil, an authentic copy of the "through" bill of lading issued by the foreign carrier for the voyage from port of origin to the U.S. must be attached to one copy of the invoice, prior to shipment from the U.S. Bills of lading and air waybills no longer require the carrier's signature. Consular registration and chamber of commerce certification are not required.

Import Licenses: The import license number and expiration date must be shown on the bill of lading or air waybill. When no import permit is required, the exemption should be clearly stated. Import Licenses are issued on a transaction basis and are good for 60, 90 or 120 days, after which the license expires. Freight charges must also be clearly indicated in words and numbers. Noncompliance with this regulation will prevent the importer from closing or liquidating foreign exchange contracts, and failure to detail information on import licensing will result in considerable delays.

Special Documentation: Various special documents are required on shipments of certain commodities: sanitary certificates from the Ministry of Agriculture for shipments of live plants or parts thereof; health certificates for shipments of live animals and animal products capable of transmitting disease; inspection certificates for shipment of used merchandise, machinery, and equipment; and Ministry of the Army authorization for armament shipments.

• Pro Forma Invoice: To apply for an import license, the Brazilian importer will require a pro forma invoice ("fatura proforma") and a published list of prices or sales catalog from the supplier (if such exists). The original copy should be notarized, but need not be accompanied by a Chamber of Commerce certification or consular visa.

The document must contain the following:

1. The name and address of the manufacturer or exporter
2. A signed statement by the exporter or manufacturer verifying that the prices are current export market prices for destination to any country
3. If applicable, the name and address of the agent, distributor, representative, or concessionaire in Brazil, and a statement of commission due. This is not necessary when the agent has filed a general statement with SECEX of fees collected from a particular foreign firm. If no representative exists, this must be so stated
4. Total FOB price, unit price, gross and net weight, itemized freight and all other expenses, and total CIF or CIF value
5. If applicable, a statement declaring that published catalogs or price lists do not exist for the invoiced products.

*Pro forma invoices issued by commercial enterprises, such as an export trading company, can be used in lieu of a manufacturer's invoice for the importation of parts, accessories, and other small articles.  

• Commercial Invoice: Provides full details about the merchandise shipment. It is prepared by the manufacturer or the seller in the country of origin, or a seller who is established in the country of shipment, or a buying agent of the Brazilian importer. Good business practice dictates that a commercial invoice include the full address of the shipper, seller, and consignee, if other than seller; the import permit number; other reference numbers; date of the order; shipping date; delivery and payment terms; a complete description of the merchandise; and export markings.  A declaration of origin that is combined with a declaration of correct prices should be made on the commercial invoice, which in turn should be certified by the foreign exporter or local chamber of commerce. For a letter of credit or other contractual agreement, chamber of commerce certification is not required, but may be requested. When in doubt, exporters should consult with Brazilian importers. Legalized commercial invoices are not required. To correct errors in commercial invoices, the exporter should make out new invoices. A detailed letter of explanation stating corrections should be attached to the new invoices, which should be sent at once to the exporter's principal in Brazil. Commercial invoice forms are available from commercial stationers.  A notarized declaration, as follows, should be made on the extra copy of the commercial invoice, which the exporter or the chamber of commerce retains:

“I (name, title, company name), hereby, swear that the prices stated in this invoice are the correct market prices for any country for the merchandise described herein, and the origin of these goods is the United States of America, and I accept full responsibility for any inaccuracies or errors herein.”

Labeling

The Brazilian Customer Protection Code, in effect since 09/90, requires that product labeling provide the consumer with correct, clear, precise, and easily readable information about the product's quality, quantity, composition, price, guarantee, shelf life, origin, and risks to the consumer's health and safety. Imported products should bear a Portuguese translation of this information.

Metric units are the official measuring system, so products should be labeled in metric units or show a metric equivalent. Special marking requirements apply to foods, cosmetics, pharmaceuticals, containers of various materials, etc.

Under Brazil's Federal governmental system, it is possible that some States may require labeling standards different from Federal Government requirements,i.e., the State of Parana applies stricter labeling requirements on certain agricultural chemicals, then is required at the Federal level.

The essential identifying marks -- shipping marks, port of destination, and package number (when required) -- must be prominently shown on the shipping case and situated so that they will not be covered by any later strapping.

Any other markings should be placed in a less prominent place and should be limited to essential data. Identifying marks used in the bill of lading should be shown on the shipping case. A number may be used as an identifying mark, provided that it is placed within a geometric figure, i.e., triangle, square, etc.